Dismissed from a part time job. Your views please.

[Macster]

Ahhh....the old 'hard done by employee' issue.

Well,....from a different perspective, as someone who 'used to employ' people......

You've hard a Part Time job since August, in an industry in massive decline, and certainly affected even more so by the current downturn, and you query a £1 a week deduction.....no wonder he's decided to lighten the workforce of your services.......you're a tool.

I closed down a business 3yrs ago, and got rid of 12 staff, and it was the best single thing I have ever done in Business, they were a constant pain in my neck.
However, and things may have changed, but it was always the case that until you had 2yrs employment under your belt, you could be 'released' for whatever the reason, without it being unlawful or discriminatory in any way.

You worked 5hrs a week, in a job you didnt need by your own admission, and suddenly, after being slightly less than bright, you're expecting the weight of ACAS, the Emplyment Tribunal, and anyone else you can get on board, to join you in waging a war against someone quite possibly fighting from losing a lot of money if his pubs close down.

Jezuz Christ, move on, realise that whatever the reasons for his deductions, or maybe slightly less than clever way of deducting them, he perhaps thought it was a better way than simply letting a member of the team go immediately.
However, in being a tool, and becoming a pain, you've made it easier for him, and you're out of a job, however much you 'didnt need it'.

I hope you dont have a leg to stand on, and get nowhere, cos thats all you deserve.

Sorry, but I feel strongly about this, and despite everyone's assumptions, sometimes 'Employers" arent the mean, nasty, uncaring and money grabbing people they are made out to be.

You on the other hand.........

 

[Macster]

And shame on all the rest of you for the encouragement to incite and wage war, its apparent that all of you are perhaps 'Employees' and not 'Employers'.

Look at it from a different perspective, and not the miltant 'I have rights' standpoint spouted out.

If the guy has 5 Pubs, maybe he IS facing HUGE difficulties, and altho his methods of saving money arent perhaps best done, or questionable, its perhaps better than the Business going under and ALL the staff losing their jobs ???

So, its a great idea encouraging a jumped up student to stir up a storm and give the guy LOADS of problems isnt it ???

Maybe if you try hard enough you can force the Business under, and maybe some of those ex-colleagues will also lose their jobs too ?
You know, the ones who maybe depend on their wage to feed the kids, not to mention pay the mortgage ?

Would you feel better then ?

*shakes head*

You are undoubtably a Tool for your actions so far, but the potential to carry on this vendetta and become a TOOL of huge proportions is in your hands.

For goodness sake, step back and think about it.

 

[colint]

Some massive assumptions there Chris, the employer seems to be making illegal deductions from his staff, and from that you deduce that he's really a good guy and just struggling to make ends meet.

How far can an employer go on breaking the law to justify keeping his business open ? "Times are tough so I'll just employ these Chinese to pick cockles on £3 an hour!" ?

The laws are there for a reason, he's paying people less than the law allows, and potentially paying less tax than he should, both of which smack of being a crap and corrupt businessman

 

[Smiffy]

it was always the case that until you had 2yrs employment under your belt, you could be 'released' for whatever the reason, without it being unlawful or discriminatory in any way.

But of course that little "loophole" (for want of a better expression) doesn't give some bosses the freedom to treat people like [****] does it?

 

[rickg]

If he's doing this little scam, chances are there are other areas where he is skimming .....hang him out to dry!!
Good luck with your studies

 

[Macster]

My assumptions were no different than everyone elses.

Except you all 'assumed' the Boss was a ****

Smiffy: Its no 'loophole', if its still the law. If he's chosen to use it, its because he was given a reason .
And quite how the OP has been treat like **** any more than anyone else, I fail to see. Everyone else perhaps had the brains to work out that losing £1/week was a better alternative to someone being laid off, ....or
THEM being laid off.

Congrats to the OP for now being that guy.

 

[Smiffy]

Smiffy: Its no 'loophole', if its still the law. If he's chosen to use it, its because he was given a reason .
And quite how the OP has been treat like **** any more than anyone else, I fail to see.

I wasn't just referring to this instance. I was making the comment in general. I have seen plenty of instances where some poor sod has lost their job because a boss took a dislike to them, not for something they had done wrong at work, and have got rid of them without warning because of this two year thing. Whether it's law or not, some (not all) bosses use it to their advantage.
If my boss said he was deducting money out of my wages to pay his bank charges, phone bill, gas or electric bill I'd hit the roof, whether it was £50.00 or 50p.
We have recently had a wage review at work because of the economic situation. We have signed to say that we will lose 10% of our basic salaries if things get tough and this is reviewed every two months. I have agreed to this because I can see that it could mean the difference between having a job or not.
But if my company said they were deducting money out of my wages to pay for their banking charges?
I'd sack the accountant for getting his math wrong.

 

[Smiffy]

So you get a job. You do it to the best of your abilites for 18 months and get on well with everybody there, customers, other staff etc. and you are chugging along nicely enjoying it. Never late. Never off sick. You are great!!!
But your boss doesn't like you for some reason.
So he get's rid of you.
And that's OK in your book because the law is on his side?

 

[Macster]

Smiffy - you see, thats the difference between employee's and employer's......

Why shouldnt any Boss have the right to dismiss someone during that initial 2yr(or whatever it is) period, if he doesnt like you, or you just arent up to the job, or your other colleagues dont like you, or whatever ??

The condition is perhaps there so that if you prove to simply 'not fit in', you can be released.

Just because you are given a job, doesnt mean that you have a God given right to that job for as long as YOU think, or is that what you think ?

Employment law is already so heavily weighted in favour of employee's its ridiculous, so I maintain that perhaps the OP just didnt fit in anyway, and in acting like the tool he has, he's done the guy a favour.

But dont encourage him for Christs sake, he's a student on 5hrs/week, who didnt need the job anyway.

 

[CrapHacker]

Don't get so involved it affects you personally. If you start taking too much time getting even with this guy it could affect your studying etc.

Treat it as a game, not a vendetta.

Game on.

There is no fear of me taking it to a point of affecting me or my life in general but I will follow it up.

If you can come up with a legitimate reason to get them involved,I can promise you from experience that, even if he's innocent, the Vat man with waste so much of his time and cause him sleepless nights, that's you'll love it - just love it.

Oh, and if he is guilty of avoiding Vat, they'll chew on his balls until he weeps - penalty fines are a minimum, court and prison are not impossible.

 

[Macster]

Smiffy - do you have the right to leave a job if you dont like your Boss ?

Seems only fair it works both ways to me......

The only difference is the employee only has to give a weeks notice, and more often than not, gets his pay-packet and gives no notice.
Employers on the other hand have to give due notice, or risk being taken to the cleaners at a Tribunal etc etc etc......

The OP is a tool, should have evaluated the situation, decided whether the loss of £1 week was really that important, and thought it thru.
(regardless of how the £1/week was being deducted)

Quite why he, and most of you, think he should cause as much hassle as possible now is a damning endightment of the British public.......

 

[Macster]

CrapHacker : how very mature of you.......

 

[Smiffy]

Smiffy - do you have the right to leave a job if you dont like your Boss ?
Seems only fair it works both ways to me......

Sure I can leave if I don't like my boss.
Would he leave because he doesn't like me?
No. He'd get rid of me because I haven't worked there for 2 years and he has the "right" because the law is on his side.
A bit different don't ya think?

 

[PhilTheFragger]

Whatever the arguements, what he has done is not right, it is illegal, I suggest that you speak to the HR department at the brewery that controlls the pub, tell them that you are reporting the matter unless you get a satisfactory response from them.

With luck, they will see that they are on to a loser and that any tribunal costs will outweigh any compensation they have to give you

Ok in reality all you can expect is a couple of weeks wages and an apology,and the bloke will get a warning. but you can then walk away with your head held high.

If the Pub manager was having financial troubles, then he should have been open and upfront with it rather than trying to disguise it as some scheme (ie Sorry you are all going to have to lose a pound a week or I have to make one of you redundant)

I am self employed, I have had subcontractors working for me, so I know that staff can be a pain, but you cannot treat people in this way
that is why the laws and proceedures are there.

Fragger

 

[colint]

If the employee takes his wage packet and gives no notice on leaving, the employer is entitled to take action against the former employee. There are laws to protect both parties, if an employer can;t be ar$ed taking action then that's his decision.

I'm amazed that as a former employer, you think it's OK to make random deductions from employees wages. Is it only a quid which you think is acceptable or would you be OK with a tenner ? How much money do you thnk you can effectively steal from staff before it becomes worth complaining about ?

 

[CrapHacker]

CrapHacker : how very mature of you.......

Me ?

Mature ?

How very dare you !!!

 

[CrapHacker]

Oh and by the way.

I've owned my own business, and hired and fired people.

But I've never made illegal deductions, or expected my staff to be party to breaking the law.

This guy might be a guvnor of 5 pubs, and if he runs them all in this way he deserves to be investigated. Illegal practice is illegal, whether he's an entrepreneur, or a bankrobber, or he mugs old ladies.

 

[Dodger]

What's tripe exactly ? To clarify, I'm saying he cannot deduct the cost of bank charges from his business income in order to pay less tax whilst at the same time charging that same cost to an employee.

As long as he is showing the Bank Charges as expenditure he is within his rights to re-coup it from his employees....
Nothing dodgy about that.

What do you think the 2.5% charge on use of Visa card is doing for example...?

It is like certain golf clubs who allow members to keep their powacaddy batteries on charge at the club and re-charge them the cost of elecrticity for example...common business practice.

 

[colint]

Dodger, the point I'm making is that you cannot declare the bank charge as expenditure and deduct from your taxable income whilst at the same time reclaiming that money from the employee.

You are telling the revenue "I don't have this pound, it's gone on bank charges so don't tax me on it" and then taking that pound back from the employee. If you take the £1 back from the employee then you either have to declare it as income OR don't claim it as a deduction in the first place.

 

[Dodger]

We agree then!

Yep,he is well within rights to reclaim it as long as he shows it.....surely he is....and who said he wasn't??

If he isn't and it aint picked up by his accountant he must be one hell of a [****] accountant he has!